Lawyer – Helping Truck Accident Victims for Over 10 Years
Edinburg Truck Accident Lawyer – Helping Injured Clients in Texas
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, and we been recognized as some of the best lawyers in Hidalgo County.
Many view driving as a typical, everyday task and it’s easy to get complacent while on the road. But even the most alert driver can be a victim of a car accident. The reality is that your life can change dramatically in just a couple seconds when you’re on the road. Few cases are as serious as a truck accident.
Truck accidents tend to be more serious than many other collisions due to the size and weight differential. The larger the differential between the two vehicles, the more serious the injuries and damage tends to be. The dangers are compounded when a truck is hauling a heavy load or when high speed is involved.
A truck collision can leave you injured, unable to work and even unable to care for yourself. Collisions involving a large truck also have a higher rate of fatality. But you can take action. In many cases, a driver may be eligible to pursue a personal injury lawsuit.
The Texas car accident lawyers with Brasure Law Firm, PLLC have experience in many practice areas, including personal injury cases and wrongful death cases involving vehicles of all types, including box trucks, work trucks, and 18-wheelers. We represent clients on both sides of the equation – the plaintiffs who initiate a legal claim and defendants who have been named in a suit.
At Brasure Law Firm, PLLC, we believe in a client-centric approach to law. You can expect to work with a truck accident attorney who will focus on you and your needs. We even limit our caseload to ensure that your case receives the attention it deserves. It’s this “quality over quantity” strategy to accident lawsuits that has allowed us to emerge as some of the most sought-after personal injury attorneys in the region.
If you’ve suffered injuries in a truck accident, contact a personal injury lawyer with Brasure Law Firm, PLLC to discuss your case. We can provide you with a free and confidential consultation. Call 956-686-3555.
Common Concerns Following a Serious Truck Accident Resulting in Injuries
At Brasure Law Firm, PLLC, our truck accident lawyers believe it’s important to answer our clients’ questions throughout the legal process, as we view each case as a collaborative process.
Our legal team has compiled an overview of a few of the most common questions and concerns that we address.
Is Texas a “Fault” or “No Fault” state?
The State of Texas is considered a “fault” state. This means that a driver who’s been involved in a truck accident (or any other motor vehicle collision, for that matter) has the freedom to file a personal injury lawsuit. Your injury lawyer can also help you to seek compensation via a liability insurance claim.
Conversely, a “no fault” state requires drivers to turn to their own insurance company for compensation up to a particular level before they initiate an accident lawsuit.
What is the significance of Texas’ Shared Fault rules?
Texas shared fault rules affect truck accidents, car crashes, and motorcycle accidents. Using a comparative fault system, each driver’s involvement is evaluated, and each motorist is assigned a percentage of the blame or fault for the crash.
This is significant because your percentage of fault will impact your ability to recover funds via a personal injury lawsuit. If you’re assigned 10% of the fault, then a compensation award would be reduced by 10% to account for your role in the collision. So a $50,000 award would be reduced by 10% to $45,000.
While this system technically only applies to in-court awards, the same system is commonly utilized to adjust out-of-court settlement amounts since all involved parties know that they could simply proceed to court for trial, and the defendant would likely pay the lower adjusted amount.
What happens if a company-owned truck was involved in my accident?
Many truck accidents involve commercial vehicles, which actually works to the victim’s benefit because companies tend to hold more comprehensive insurance coverage.
In some cases, the company may have some degree of liability in the situation. For instance, if a company significantly overloaded an 18-wheeler, this could compromise safety and contribute to the accident. This could add another element of liability to the equation. Commercial drivers are also required to adhere to very strict requirements in terms of how many hours they can drive without resting, so this is yet another added element of complexity that you may need to address with the help of your personal injury attorney.
In all, truck accident lawsuits tend to be more complex than a car-versus-car collision due to several factors, such as the involvement of a company, the commercial driving regulations, and the more serious nature of the damage and/or injuries in many of these collisions. Entire families have been seriously injured in these serious accidents, which makes it all the more important to seek representation by a top personal injury attorney who’s experienced in a trucking accident.
What type of compensation can I receive following a truck accident?
Attorneys handling your personal injury claim will work to determine precisely what losses you’ve suffered as a direct result of the accident. Then, we can draft a personal injury lawsuit that seeks compensation for those losses.
Losses fall into two categories: economic losses and non-economic losses. An economic loss is tied to a specific dollar amount, like the cost to repair a car or the cost to cover your medical bills. Non-economic losses don’t involve a financial loss; instead, they apply to losses such as pain and suffering.
It’s common for an accident victim to seek compensation for:
- past and current medical bills;
- future medical expenses;
- physical therapy and rehab bills;
- home care or personal care attendant services;
- repair or replacement of personal property that has been damaged or destroyed;
- pain and suffering;
- past lost wages;
- future lost wages (in the event of a permanent disability); and
- loss of a relationship.
In a wrongful death claim, family members may also seek out compensation for other losses, such as burial and funeral costs.
Can I get punitive damages in a truck accident lawsuit?
In Texas, it is possible to receive a punitive damages award in a truck accident or another personal injury lawsuit. Punitive damages are intended to penalize the defendant for gross negligence or malice.
Is there a limit to how much I can seek for personal injury damages?
Many states have a limit on personal injury damages, but this is not the case in Texas truck accident lawsuits.
The only exception is in the case of medical malpractice cases. In this situation, there are limits to how much compensation an injured victim can receive in a lawsuit.
What’s the time frame for filing a truck accident lawsuit in Texas?
In Texas, you have two years from the date of the injury (which is typically the same date as the truck accident).
There is one exception. If you’re planning to file a personal injury lawsuit against the state, the limit is six months from the date of the injury.
If you fail to file a personal injury claim within the designated time frame, the courts will typically refuse to hear the case.
Why do large truck accidents happen?
Large truck accidents happen most often because a driver is not following a well-established safety rule. Sometimes the driver fails to follow a well-known driver safety rule. For example, sometimes a driver fails to yield the right of way and pulls out in front of another vehicle. Other times, the driver simply may run a red light. However, drivers who operate large trucks have very specific rules they must follow. For example, a driver may not drive, in some cases, for more than 12 straight hours. This rule is designed to prevent the truck driver from driving while he or she is tired. If a truck driver is tired, the truck driver is more likely to cause a crash because his or her reaction time may be slower. The Federal Motor Carrier Safety Administration published a study about the most common causes of large truck accidents. (Publication No. FMCSA-RRA-07-017) The study looked closely at crashes that involved large trucks and passenger vehicles (car, pickup truck, van, or sports utility vehicle). According to the study, there was a statistically significant link between the following ten associated factors (listed in descending order according to how often they were coded for the large truck) and coding of the critical reason:
- Interruption of the traffic flow
- Unfamiliarity with roadway
- Inadequate surveillance
- Driving too fast for conditions
- Illegal maneuver
- False assumption of other road user’s actions
- Distraction by object or person inside the vehicle.
How are truck accidents investigated?
Truck accidents are usually investigated by law enforcement authorities. For example, the Department of Public Safety officer or “Trooper” recieves some training related to vehicle accident investigation. The investigator will produce a report. However, in many cases, a professional accident reconstructionist is needed to more thoroughly evaluate the crash.
How can truck accidents be prevented?
The Federal Motor Carrier Safety Administration recommends that truck drivers follow a few steps to prevent a truck accident.
- TIP #1: Get Enough Sleep Before Getting Behind the Wheel
- TIP #2: Maintain a Healthy Diet
- TIP #3: Take a Nap
- TIP #4: Avoid Medication That May Induce Drowsiness
- TIP #5: Recognize the Signals and Dangers of Drowsiness
- TIP #6: Do Not Rely on “Alertness Tricks” to Keep You Awake
For more information, you can click on the following link. https://www.fmcsa.dot.gov/resources-for-drivers
What happens when insurance claims total loss?
A total loss claim typically means the value of vehicle repair exceeds the value of the vehicle or the vehicle’s frame was damaged. If the vehicle’s frame is damaged, the car is not safe to drive. When an insurance company determines the vehicle is a total loss the vehicle owner will receive an amount that is equal to the fair market value of the vehicle.
Our Texas Personal Injury Lawyers Will Help You Recover Damages for Your Truck Accident Injuries
The attorneys with Brasure Law Firm, PLLC are committed to helping you recover the money you deserve following your truck accident. We also represent drivers who have been named in a personal injury claim.
We understand how a financial settlement or court award can transform an accident victim’s life for the better. Recovering from physical injuries and living with permanent scarring, disabilities or chronic pain is challenging enough; we don’t want our clients to worry about finding the money they need to live and seek medical care.
At Brasure Law Firm, PLLC, we typically accept truck accident lawsuit cases on a contingency basis, meaning that your legal fees are collected from the funds that are recovered. Our goal is to provide our clients with exceptional legal services, with a unique “quality over quantity” approach to law. We also limit our caseload so we can provide each client’s case with the attention that’s required to bring exceptional results.
If you’ve been injured in a truck accident, contact our Texas personal injury law firm as soon as possible. The sooner our personal injury attorneys start working on a case, the better the chances that client will see a positive outcome.
Contact the attorneys of the Brasure Law Firm, PLLC to arrange a confidential, no-cost case consultation session. Call our Texas law offices at 956-686-3555.